Madras High Court
Ymca College Of Physical Education vs The Deputy Commissioner Of Police on 16 September, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P.No.22396 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 16.09.2022
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.22396 of 2022
YMCA College of Physical Education,
Represented by its Secretary,
Mr.Benjamin Franklin,
497, Anna Salai,
Chennai – 600 035. ... Petitioner
Vs
1. The Deputy Commissioner of Police,
CCB-II,
Office of the Commissioner of Police,
EVK Sampath Salai,
Vepery, Chennai – 600 007.
2. The Assistant Commissioner of Police,
CCB-I, EVK Sampath Salai,
Vepery, Chennai – 600 007.
3. The Sub Inspector of Police,
CCB-II, Team 37,
Central Crime Branch,
Office of the Commissioner of Police,
EVK Sampath Salai,
Vepery,
Chennai – 600 007.
(Crime No.144 of 2021) ... Respondents
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https://www.mhc.tn.gov.in/judis
Crl.O.P.No.22396 of 2022
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to
transfer the investigation in Crime No.144 of 2021 from the file of the third
respondent to the first respondent, and consequently direct that the
investigation be completed within a time frame to be fixed by this Court.
For Petitioner : Mr.T.M.Mano
For Respondents : Mr.S.Santhosh,
Government Advocate (Crl.Side)
ORDER
This petition has been filed to transfer the investigation in Crime No.144 of 2021 from the file of the third respondent to the first respondent and consequently direct that the investigation be completed within a time frame to be fixed by this Court.
2. The learned Government Advocate (Crl.Side) appearing for the respondents submitted that, after registration of the First Information Report in Crime No.144 of 2021 for the offences under Sections 408, 420, 34 and 120B of IPC, so far they have enquired more than 20 witnesses and therefore, the third respondent is proceeding with the investigation in a right way.
Page 2 of 4https://www.mhc.tn.gov.in/judis Crl.O.P.No.22396 of 2022
3. It is also seen that there are disputes between the present Administrative Committee and the erstwhile Administrative Committee with regard to misappropriation of Rs.1.65 Crores. That apart, A-3 is the main accused and he is behind the entire crime. Now, he is absconding and the third respondent is taking appropriate steps to secure A-3. Therefore, at the stage of investigation, the present crime cannot be transferred.
4. In view of the above, this Criminal Original Petition is dismissed.
However, the third respondent is directed to complete the investigation and file a final report within a period of twelve weeks from the date of receipt of a copy of this order. The second respondent is directed to monitor the investigation being done by the third respondent.
16.09.2022 Index:Yes/no Speaking/non speaking order kv Page 3 of 4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.22396 of 2022 G.K.ILANTHIRAIYAN. J, kv To
1. The Deputy Commissioner of Police, CCB-II, Office of the Commissioner of Police, EVK Sampath Salai, Vepery, Chennai – 600 007.
2. The Assistant Commissioner of Police, CCB-I, EVK Sampath Salai, Vepery, Chennai – 600 007.
3. The Sub Inspector of Police, CCB-II, Team 37, Central Crime Branch, Office of the Commissioner of Police, EVK Sampath Salai, Vepery, Crl.O.P.No.22396 of 2022 Chennai – 600 007.
4. The Public Prosecutor, High Court of Madras.
16.09.2022 Page 4 of 4 https://www.mhc.tn.gov.in/judis